THE SENATE

S.B. NO.

2640

THIRTY-SECOND LEGISLATURE, 2024

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE HAWAIIAN HOMES COMMISSION ACT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that there are approximately twenty-eight thousand native Hawaiian beneficiaries on the department of Hawaiian home lands waitlist.  The legislature further finds that the department of Hawaiian home lands does not possess sufficient land to provide housing for everyone on the waitlist.  The legislature also finds that the largest demand for lots is on Oahu, but the department's land holdings on Oahu are limited.

     Therefore, the purpose of this Act is to shorten the waitlist by authorizing the department of Hawaiian home lands to provide any beneficiary with a cash award to purchase a residential lot outside of department of Hawaiian home lands trust lands or to pay the beneficiary's existing mortgage note or rent in lieu of awarding the beneficiary a lease.

     SECTION 2.  The Hawaiian Homes Commission Act, 1920, as amended, is amended by adding a new section to be appropriately designated and to read as follows:

     "§         .  Cash award to beneficiaries.  (a)  At the sole discretion of the commission, the department of Hawaiian home lands may expend funds to provide a cash award of no more than $          to any beneficiary on the waiting list:

     (1)  For the purchase of a residential lot in fee simple located outside of the department's trust lands; or

     (2)  To pay the beneficiary's existing mortgage note or rent.

The department shall remove from the waiting list any beneficiary who accepts a cash award.

     (b)  Any beneficiary who accepts a cash award pursuant to this section shall relinquish the beneficiary's right to receive a lease award directly from the department of Hawaiian home lands under section 207 of this Act but shall remain entitled to other rights under this Act.

     (c)  This section shall not create any entitlement to a cash award.  The failure of the commission to authorize cash awards under this section shall not give rise to breach of trust or fiduciary duty claims under chapter 673, Hawaii Revised Statutes.

     (d)  The department of Hawaiian home lands may expend funds from the Hawaiian home loan fund for the purposes of this section."

     SECTION 3.  Section 213, Hawaiian Homes Commission Act, 1920, as amended, is amended by amending subsection (b) to read as follows:

     "(b)  Hawaiian home loan fund.  The moneys in this fund shall be available for the purposes enumerated in section 214 [and], for payments provided in section 209, and for payment of cash awards provided in section    , and shall not be expended for any other purpose except as provided in subsection (e).

     Any interest or other earnings arising out of investments from this fund shall be credited to and deposited into the Hawaiian home operating fund."

     SECTION 4.  The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances, is held ineffective because there is a requirement of having the consent of the United States Congress to take effect, then the portion of this Act requiring consent shall only take effect upon the granting of consent by the United States Congress and effectiveness of the remainder of these amendments or the application thereof shall not be affected.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000, and either the date of the Secretary of the Interior's notification pursuant to title 43 Code of Federal Regulations section 48.40 to the appropriate Congressional Committees that this Act meets none of the criteria in title 43 Code of Federal Regulations section 48.20 necessitating congressional approval, or on the date that the United States Congress' approval becomes effective.

 

 

Report Title:

HHCA; DHHL; Cash Award; Waiting List; Mortgage; Rent; Residential Lots

 

Description:

Amends the Hawaiian Homes Commission Act to authorize the Department of Hawaiian Home Lands to provide cash awards to beneficiaries on the waiting list in lieu of a lease.  Amends the Hawaiian Home Loan Fund to be allow for the use of cash award payments.  Requires the Department of Hawaiian Home Lands to remove those beneficiaries from the waiting list.  Specifies that beneficiaries who accept a cash reward shall lose their right to return to the waiting list, but remain entitled to other rights provided by the Hawaiian Homes Commission Act.  Effective 7/1/3000.  (HD1)

 

 

 

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